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New IPR Infringement Petition on Tires

Friday, August 16, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received Aug. 14 on behalf of Toyo Tire & Rubber Co.  Ltd., Toyo Tire Holdings of Americas Inc., Toyo Tire U.S.A. Corp., Nitto Tire U.S.A. Inc., and Toyo Tire North America Manufacturing Inc. a petition requesting that it institute a Section 337 investigation regarding certain tires and products containing same. The proposed respondents are located in China, Thailand and the U.S.

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted. The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

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